Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-11

houston and asked why ne deserted, ne
frankly replied:
81 don't know, General. didn't want
TO run, but my legs ran in spite OF all l
could do"
"Ah, my man." said Houston, with
smile, stake my advice, wher you marry,
marry into some brave family and cross
the breed of legs"
SAM HOUSTON AS AN ATTORNEY.
Corporal kokonut served under Hous
ton all through the struggle with Mexico
for Texan independence. He was brave
man, and as such was much esteemed by
General Houston. But Kokonut had his
failings and his enemies among the old
Tories were many and bitter. A law was
nacted by one of the early Congresses OF
the Republic of Texas that all the prop
-rty owned by the Tories should be con-
fScated, but this law was never enforced.
Kokonut, however, loved his Tory neigh
bors' cattle and horses, and 1t Is said that
he occasionally appropriated soEe OF
their stock for his private use. AT one
time horse was found in Kokonut's pos
session for which he could show no regu-
lar bill Of sale. Worse still, q man was
found who claimed the animal and proved
ownership, and who furthermore had an
eyewitness who was ready to swear TO
having seen kokonut steal the horse. The
case was presented to the grand jury and
a true bill was found against Kokonut,
who fully realized the danger he was in.
In this his hour of tribulation he turned
to Sam Houston to help him out of the
scrape. Houston readily asserted to do
all he could, even promising to appear as
counsel at the trial.
When the case was called Houston,
true to his old comrade and his promise,
was on hand. The evidence in the case
was clear and straight against KokOnut.
The witness sWore that he saw defend
ant, between the hours of IL and Y at
night, go into the pasture, loosen the rope
by which the horse was fastened and lead
the animal away. The witness fully rec
ognized the accused at the time, for the
moon was shining brightly, and upon oath
identified the horse found in KOkonut5
possession as the stolen one, and so on
to the end.
Houston made a speech to the jury,
wherein he dWelt upon KOkOnut's sew
ices as a soldier, mis- bravery and patriot
ism. On the other hand he pointed to
plaintiff and witness as having been fore
most among the Tories of Texas and SYM
pathiZers with tyranny and Mexico. In
mis- (HOuston's) opinion, it was "a base
conspiracy on the part Of plaintiff and
witness against his f,Iend and felloW-soI,
der, KOkOnut. Then, turning suddenly
to the witness, Houston said: "In your
testimony you said that on the night of
-, between the hours of IL and
y, you recognized defendant by the
light of q full moon, as he entered Mr..
AS pasture. Are you certain that the
moon was shinirg?" 81 am sure Of it,"
answered the witness. els there any one
present in possession Of an almanac CIV
ing the changes of the moOn?" asked
Houston, looking at Judge, jury and audi
enCe in turn. None mad one at hand.
Houston then turned to one of the bailiffs,
asking him to procure one, which the
baiIiff did, returning in few minutes
and handing the almanac to Houston.
Houston then turned to the date the wit
ness had sworn to as being moonlight
night "Ah! l thought sol" he ex-
claimed. CIVIL the honorable court and
jury take a look at this almanac. The
night on which the witness swears he
saw the full moon was the night before
new moon"
Judge and jury looked at the almanac,
and it was as Houston had stated. The
night on which the theft should have been
committed, according to witness testi-
monY, was beyond doubt a dark one.
Houston asked that his friend Kokonut
be Immediately discharged, at the same
time pleading mercy for the man who had
testified falsely. KOkonut was declared
''not guilty." and the witness was let go
free, after receiving severe reprimand
from the Judge and many dark looks from
jury aud audience.
It was many years afterward before any
one knew that it was an almanac several
years old at the time of the trial that
Houston mad used, by accident or other
wise, to clear KOkOnut from the charge
OF horse stealing.
The sun is sinking behind & wall of
dark-browed clouds, pregnant with a
Texas nOrther-a warning for me not to
tarry here longer, and to break off this
letter, lest to the wrath Of the elements
against me be also added the wrath of
the editors and public.